Senate Bill sb0514

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    Florida Senate - 2001                                   SB 514

    By Senator Burt





    16-409-01

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         817.569, F.S.; providing that it is a

  4         misdemeanor of the first degree to use a public

  5         record, or information obtained from a public

  6         record, to facilitate the commission of a

  7         misdemeanor of the first degree; providing that

  8         it is a felony of the third degree to use a

  9         public record, or information obtained from a

10         public record, to facilitate the commission of

11         a felony; amending s. 921.0022, F.S., relating

12         to the offense severity ranking chart of the

13         Criminal Punishment Code; conforming provisions

14         to the act; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 817.569, Florida Statutes, is

19  created to read:

20         817.569  Criminal use of a public record or public

21  records information; penalties.--A person who knowingly uses

22  any public record, as defined in s. 119.011, or who knowingly

23  uses information obtainable only through such public record,

24  to facilitate or further the commission of:

25         (1)  A misdemeanor of the first degree, commits a

26  misdemeanor of the first degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         (2)  A felony, commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.

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    Florida Senate - 2001                                   SB 514
    16-409-01




  1         Section 2.  Paragraph (a) of subsection (3) of section

  2  921.0022, Florida Statutes, is amended to read:

  3         921.0022  Criminal Punishment Code; offense severity

  4  ranking chart.--

  5         (3)  OFFENSE SEVERITY RANKING CHART

  6

  7  Florida           Felony

  8  Statute           Degree             Description

  9

10                              (a)  LEVEL 1

11  24.118(3)(a)       3rd      Counterfeit or altered state

12                              lottery ticket.

13  212.054(2)(b)      3rd      Discretionary sales surtax;

14                              limitations, administration, and

15                              collection.

16  212.15(2)(b)       3rd      Failure to remit sales taxes,

17                              amount greater than $300 but less

18                              than $20,000.

19  319.30(5)          3rd      Sell, exchange, give away

20                              certificate of title or

21                              identification number plate.

22  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

23                              odometer.

24  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

25                              registration license plates or

26                              validation stickers.

27  322.212(1)         3rd      Possession of forged, stolen,

28                              counterfeit, or unlawfully issued

29                              driver's license; possession of

30                              simulated identification.

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    Florida Senate - 2001                                   SB 514
    16-409-01




  1  322.212(4)         3rd      Supply or aid in supplying

  2                              unauthorized driver's license or

  3                              identification card.

  4  322.212(5)(a)      3rd      False application for driver's

  5                              license or identification card.

  6  370.13(3)(a)       3rd      Molest any stone crab trap, line,

  7                              or buoy which is property of

  8                              licenseholder.

  9  370.135(1)         3rd      Molest any blue crab trap, line,

10                              or buoy which is property of

11                              licenseholder.

12  372.663(1)         3rd      Poach any alligator or

13                              crocodilia.

14  414.39(2)          3rd      Unauthorized use, possession,

15                              forgery, or alteration of food

16                              stamps, Medicaid ID, value

17                              greater than $200.

18  414.39(3)(a)       3rd      Fraudulent misappropriation of

19                              public assistance funds by

20                              employee/official, value more

21                              than $200.

22  443.071(1)         3rd      False statement or representation

23                              to obtain or increase

24                              unemployment compensation

25                              benefits.

26  509.151(1)         3rd      Defraud an innkeeper, food or

27                              lodging value greater than $300.

28  517.302(1)         3rd      Violation of the Florida

29                              Securities and Investor

30                              Protection Act.

31  562.27(1)          3rd      Possess still or still apparatus.

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    Florida Senate - 2001                                   SB 514
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  1  713.69             3rd      Tenant removes property upon

  2                              which lien has accrued, value

  3                              more than $50.

  4  812.014(3)(c)      3rd      Petit theft (3rd conviction);

  5                              theft of any property not

  6                              specified in subsection (2).

  7  812.081(2)         3rd      Unlawfully makes or causes to be

  8                              made a reproduction of a trade

  9                              secret.

10  815.04(4)(a)       3rd      Offense against intellectual

11                              property (i.e., computer

12                              programs, data).

13  817.52(2)          3rd      Hiring with intent to defraud,

14                              motor vehicle services.

15  817.569(2)         3rd      Use of public record or public

16                              records information to facilitate

17                              commission of a felony.

18  826.01             3rd      Bigamy.

19  828.122(3)         3rd      Fighting or baiting animals.

20  831.04(1)          3rd      Any erasure, alteration, etc., of

21                              any replacement deed, map, plat,

22                              or other document listed in s.

23                              92.28.

24  831.31(1)(a)       3rd      Sell, deliver, or possess

25                              counterfeit controlled

26                              substances, all but s. 893.03(5)

27                              drugs.

28  832.041(1)         3rd      Stopping payment with intent to

29                              defraud $150 or more.

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    Florida Senate - 2001                                   SB 514
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  1  832.05

  2   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

  3                              worthless checks $150 or more or

  4                              obtaining property in return for

  5                              worthless check $150 or more.

  6  838.015(3)         3rd      Bribery.

  7  838.016(1)         3rd      Public servant receiving unlawful

  8                              compensation.

  9  838.15(2)          3rd      Commercial bribe receiving.

10  838.16             3rd      Commercial bribery.

11  843.18             3rd      Fleeing by boat to elude a law

12                              enforcement officer.

13  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

14                              lewd, etc., material (2nd

15                              conviction).

16  849.01             3rd      Keeping gambling house.

17  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

18                              or assist therein, conduct or

19                              advertise drawing for prizes, or

20                              dispose of property or money by

21                              means of lottery.

22  849.23             3rd      Gambling-related machines;

23                              "common offender" as to property

24                              rights.

25  849.25(2)          3rd      Engaging in bookmaking.

26  860.08             3rd      Interfere with a railroad signal.

27  860.13(1)(a)       3rd      Operate aircraft while under the

28                              influence.

29  893.13(2)(a)2.     3rd      Purchase of cannabis.

30  893.13(6)(a)       3rd      Possession of cannabis (more than

31                              20 grams).

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    Florida Senate - 2001                                   SB 514
    16-409-01




  1  893.13(7)(a)10.    3rd      Affix false or forged label to

  2                              package of controlled substance.

  3  934.03(1)(a)       3rd      Intercepts, or procures any other

  4                              person to intercept, any wire or

  5                              oral communication.

  6         Section 3.  This act shall take effect July 1, 2001.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Provides that it is a first-degree misdemeanor to use a
      public record, or information obtained from a public
11    record, to facilitate the commission of a first-degree
      misdemeanor. Provides that it is a third-degree felony to
12    use a public record, or information obtained from a
      public record, to facilitate the commission of a felony.
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